Armed Forces Act 2006

329 Terms and conditions of enlistment and service U.K.

(1) The Defence Council may by regulations make provision with respect to the terms and conditions of enlistment and service of persons enlisting, or who have enlisted, in the regular forces.

(2) The regulations may in particular make provision for the purposes of—

(a) specifying the duration of the term for which a person is enlisted (whether by reference to a number of years or another criterion or both);

(b) requiring any such term to be one of service with a regular force, or to be in part service with a regular force and in part service with a reserve force;

(c) enabling a person to end his service with a regular force at a prescribed time, or to transfer at a prescribed time to a reserve force;

(d) restricting a person, in consideration of the acceptance by him of any benefit or advantage, from exercising any right referred to in paragraph (c);

(e) enabling a person enlisted for a term of service of a prescribed description to be treated as if he had enlisted for a term of service of a different description;

(f) enabling a person to extend or reduce the term of his service (whether with a regular force or a reserve force, or both);

(g) enabling a person to continue in service after completion of the term of his service;

(h) enabling a person in a reserve force to re-enter service with a regular force;

[F1 (ha) enabling a person to serve with a regular force on a part-time basis;]

[F2 (i) enabling a person's service with a regular force to be restricted to service in a particular area or to be subject to other geographic restrictions;

(j) requiring a person serving subject to a geographic restriction to serve without that restriction on a number of occasions not exceeding a prescribed maximum.]

(3) The exercise of any right conferred on a person by virtue of subsection (2) may be made subject to prescribed conditions.

[F3 (3A) A right conferred on a person by virtue of subsection (2)(ha) to (j) may be varied, suspended or terminated in prescribed circumstances.]

(4) The Defence Council may also by regulations make provision enabling—

(a) a member of the regular army of or below the rank of warrant officer, or

(b) a member of the Army Reserve of or below the rank of warrant officer who is in permanent service on call-out under any provision of the Reserve Forces Act 1980 (c. 9) or the Reserve Forces Act 1996 (c. 14),

to be transferred between corps without his consent in prescribed circumstances.

(5) Regulations under subsection (4) may in particular make provision for varying the terms and conditions of service of a person transferred between corps.

(6) In this section “corps” means any body of the regular army that may from time to time be declared by Royal Warrant to be a corps.

Textual Amendments

F1 S. 329(2)(ha) inserted (30.6.2018) by Armed Forces (Flexible Working) Act 2018 (c. 2), ss. 1(3)(a), 3(3); S.I. 2018/799, reg. 2

F2 S. 329(2)(i)(j) substituted (30.6.2018) by Armed Forces (Flexible Working) Act 2018 (c. 2), ss. 1(3)(b), 3(3); S.I. 2018/799, reg. 2

F3 S. 329(3A) inserted (30.6.2018) by Armed Forces (Flexible Working) Act 2018 (c. 2), ss. 1(4), 3(3); S.I. 2018/799, reg. 2

Commencement Information

I1 S. 329 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2 S. 329 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4